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S-17.1
- Act respecting the Société immobilière du Québec
Table of contents
Occurrences
0
Current Version
Full text
Updated to 9 October 2001
This document has official status.
chapter
S-17.1
Act respecting the Société immobilière du Québec
SOCIÉTÉ IMMOBILIÈRE DU QUÉBEC
12
December
21
1983
02
February
15
1984
DIVISION
I
ESTABLISHMENT AND COMPOSITION OF THE SOCIÉTÉ
1999, c. 40, s. 295
.
1
.
A joint-stock company, hereinafter called “the Société”, is incorporated under the name of the “Société immobilière du Québec”.
1983, c. 40, s. 1
;
1999, c. 40, s. 295
.
2
.
The head office of the Société is in the territory of the Communauté urbaine de Québec; a notice of the location or any change of location of the head office is published in the
Gazette officielle du Québec.
The Société may hold its sittings anywhere in Québec.
1983, c. 40, s. 2
;
1999, c. 40, s. 295
.
3
.
The Société enjoys the rights and privileges of a mandatary of the State.
The property of the Société forms part of the domain of the State, but the performance of its obligations may be levied against its property.
The Société binds only itself when it acts in its own name.
1983, c. 40, s. 3
;
1999, c. 40, s. 295
.
4
.
The affairs of the Société are administered by a board of directors composed of nine members, as follows:
(
1
)
the president of the Société appointed by the Government for a term of not over five years;
(
2
)
eight other members appointed by the Government for a term of not over three years.
The members of the board of directors are the directors of the Société within the meaning of the Companies Act (chapter C-38).
1983, c. 40, s. 4
;
1999, c. 40, s. 295
.
5
.
Not fewer than six members must be domiciled in Québec.
1983, c. 40, s. 5
.
6
.
The Government shall appoint one of the members of the board of directors to be chairman of the board.
The chairman of the board shall preside over the meetings of the board of directors, direct its operations and carry out the other functions vested in him by by-law of the Société.
1983, c. 40, s. 6
;
1999, c. 40, s. 295
.
7
.
The members of the board of directors shall elect a vice-chairman from among the members contemplated in subparagraph 2 of section 4, to perform the duties of the chairman in his absence.
1983, c. 40, s. 7
.
8
.
Each member of the board of directors remains in office at the expiry of his term until he is replaced or reappointed.
A vacancy occurring before the end of a term is filled in the manner and for the time specified in section 4.
If the chairman of the board of directors is unable to act, he is replaced by the vice-chairman; if any other member of the board is unable to act, he is replaced by a person designated by the Government, which shall fix his indemnities and allowances.
1983, c. 40, s. 8
.
9
.
A majority of the members of the board of directors, including the chairman, forms a quorum.
1983, c. 40, s. 9
.
10
.
The president of the Société shall see that the decisions of the board of directors are carried out, and he is responsible for the administration and direction of the company within the scope of its by-laws, policies and the directives referred to in section 38. He is
ex officio
the chief executive officer of the Société and shall devote his full time to his official duties.
The remuneration and the other conditions on which the president holds office are specified in a contract binding between him and the Société. The contract has effect only if it is ratified by the Government.
1983, c. 40, s. 10
;
1986, c. 52, s. 25
;
1999, c. 40, s. 295
.
11
.
The members of the board of directors, other than the president of the Société, are not remunerated except in the cases, on the conditions and to the extent determined by the Government. They are, however, entitled to the reimbursement of expenses made in the performance of their duties on the conditions and to the extent determined by the Government.
Where such is the case, the members of the board of directors are paid out of the revenues of the Société.
1983, c. 40, s. 11
;
1989, c. 12, s. 1
;
1999, c. 40, s. 295
.
12
.
Any member of the board of directors, other than the president of the Société, having a direct or indirect interest in an undertaking causing his personal interest to conflict with that of the Société shall, under pain of forfeiture of office, disclose it in writing to the president and abstain from participating in any decision involving the undertaking in which he has an interest.
In no case may the president or any employee of the Société, under pain of forfeiture of office, have a direct or indirect interest in any undertaking causing his personal interest to conflict with that of the Société. However, forfeiture is not incurred where the interest devolves to him by succession or gift, provided he renounces or disposes of it with dispatch.
1983, c. 40, s. 12
;
1999, c. 40, s. 295
.
13
.
The Société may, by by-law, establish an executive committee, determine its functions and powers and fix the term of office of its members.
1983, c. 40, s. 13
;
1999, c. 40, s. 295
.
14
.
The secretary and the other employees of the Société are appointed in the manner provided and in accordance with the staffing plan established by by-law of the Société.
Subject to the provisions of a collective agreement, the Société shall determine, by resolution, the standards and scales of remuneration, employee benefits and other conditions of employment of the members of its personnel in accordance with the conditions defined by the Government.
1983, c. 40, s. 14
;
1999, c. 40, s. 295
;
2000, c. 8, s. 208
.
15
.
The Société may make any by-law concerning the exercise of its powers and its internal management.
By-laws made in accordance with this division, except those made under section 14, come into force on the date of their approval by the Government or on any later date it determines.
The by-laws do not require confirmation by the shareholders.
1983, c. 40, s. 15
;
1999, c. 40, s. 295
;
2000, c. 8, s. 209
.
16
.
The minutes of the sittings of the board of directors, approved by the board and certified by the chairman or any other person authorized to do so by the by-laws of internal management of the Société are authentic. The same applies to documents and copies emanating from the Société and forming part of its records, if they are so certified.
1983, c. 40, s. 16
;
1999, c. 40, s. 295
.
17
.
No document is binding on the Société unless it is signed by the president or, in the cases determined by by-law of the Société, a person designated by the Société.
The Société, by by-law, may, on the conditions it determines, allow a required signature to be affixed by means of an automatic device to the documents it determines, or a facsimile of a signature to be engraved, lithographed or printed on them.
1983, c. 40, s. 17
;
1989, c. 12, s. 2
;
1999, c. 40, s. 295
.
DIVISION
II
OBJECTS AND POWERS OF THE SOCIÉTÉ
1999, c. 40, s. 295
.
18
.
The objects of the Société are, for a consideration, to place immovables at the disposal of the government departments and agencies and to provide services to them in the construction and operation of buildings and in property management. For these purposes, it may, in particular,
(
1
)
acquire by agreement any immovable, part of an immovable or real right;
(
2
)
build, lease, maintain and hold any immovable;
(
3
)
sell, alienate, or give as security any movable or immovable property and any rights therein;
(
4
)
equip and furnish immovables and, for that purpose, acquire, lease, maintain and hold any movable property.
1983, c. 40, s. 18
;
1999, c. 40, s. 295
.
19
.
From 25 September 1984, every department and public body entered on a list established by government order shall deal exclusively with the Société for purposes of the objects stated in section 18, excepting the immovable property operations and services excluded by the order in the case of any particular department or agency or any of their administrative units.
This section does not result in the cancellation of any contract or irrevocable offer made by such a department or agency before 25 September 1984.
1983, c. 40, s. 19
;
1999, c. 40, s. 295
.
20
.
The Société may put at the disposal of any body, other than a body contemplated in the list drawn up in accordance with section 19, premises it considers surplus.
The Société may also enter into agreements with the body, in the cases determined by the Government, respecting the other activities and services of the Société referred to in section 18.
1983, c. 40, s. 20
;
1999, c. 40, s. 295
.
21
.
A further object of the Société is to build and develop a convention centre in Montréal.
The Société may also take part in the construction, development and operation of Place Desjardins in Montréal.
For the purposes of the second paragraph, the Société may, with prior approval of the Government,
(
1
)
acquire and hold shares of the capital stock or other securities of Place Desjardins Inc.;
(
2
)
transfer the shares or other securities to the Caisse de dépôt et placement du Québec or to any legal person established in the public interest, to any public body or to la Fédération des caisses Desjardins du Québec or a holding company controlled by that federation, or to Place Desjardins Inc.;
(
3
)
associate with any legal person established in the public interest, any public body or any body of the Mouvement Desjardins for the attainment of the objects set forth in the second paragraph;
(
4
)
guarantee the completion of the work of construction and development of Place Desjardins;
(
5
)
advance to Place Desjardins Inc. any amount considered necessary, at such rate of interest, for such time and on such other conditions as the Société deems appropriate;
(
6
)
give any other guarantees or undertakings in respect of the work or its financing or resulting therefrom; and,
(
7
)
for purposes of the foregoing paragraphs, make such agreements as the Société deems appropriate.
1983, c. 40, s. 21
;
1992, c. 2, s. 1
;
1999, c. 40, s. 295
;
2000, c. 29, s. 671
.
22
.
The Société shall also carry out any other mandate related to the objects of the Société and entrusted to it by the Government where the whole or part of the related costs are assumed by the Government.
The order conferring a mandate under this section must be tabled, within 15 days after it is made, before the National Assembly if it is in session or, if it is not sitting, within 15 days after the opening of the next session or resumption.
1983, c. 40, s. 22
;
1999, c. 40, s. 295
.
23
.
The Société, with the authorization of the Government, may expropriate property of any kind that is necessary for the carrying out of its objects and mandates.
1983, c. 40, s. 23
;
1999, c. 40, s. 295
.
DIVISION
III
FINANCIAL PROVISIONS
§
1
. —
Capital structure
24
.
The authorized capital of the Société is $100,000,000.
It is divided into 100,000 shares with a par value of $1,000 each.
1983, c. 40, s. 24
;
1999, c. 40, s. 295
.
25
.
The shares of the Société form part of the domain of the State and are allotted to the Minister of Finance.
1983, c. 40, s. 25
;
1999, c. 40, s. 295
.
§
2
. —
Transfer of property forming part of the domain of the State
1999, c. 40, s. 295
.
26
.
The Société, from the date and according to the terms and conditions determined by the Government, becomes the owner of the property forming part of the domain of the State that is administered by the Ministère des Travaux publics et de l’Approvisionnement on that date, except the Parliament Building, the Pamphile-LeMay building, the Honoré-Mercier building and any movable property therein and any other immovable or movable property determined by the Government.
The Government, on the conditions it determines, may transfer to the Société the ownership of any other property forming part of the domain of the State.
The Société shall assume the obligations and acquires the rights of the Government in respect of the. However, the Société and the Government are solidarily liable for the current building contracts for which the Ministère des Travaux publics et de l’Approvisionnement is responsible on that date.
1983, c. 40, s. 26
;
1999, c. 40, s. 295
.
27
.
The Government shall determine, by order, the value of the property transferred under section 26, except the sums receivable and the sums payable, which are transferred at their book value on the date of transfer.
The net value of the sums receivable and payable contemplated in the first paragraph is covered by an acknowledgement of debt between the Société and the Minister of Finance.
The amount of the acknowledgement of debt is payable within 180 days of the date of transfer contemplated in section 26. The other terms and conditions shall be determined by the Government.
1983, c. 40, s. 27
;
1999, c. 40, s. 295
.
28
.
The Société shall pay to the Government, on the date the Government determines, the value of the immovable property contemplated in section 26 which was under construction between 1 April 1983 and 14 March 1984.
The Société shall also pay to the Government, on the date the Government determines, the value of the new movable property in stock in the custody of the Ministère des Travaux publics et de l’Approvisionnement on the date of the transfer contemplated in section 26.
1983, c. 40, s. 28
;
1999, c. 40, s. 295
.
29
.
The Société shall sign, in favour of the Minister of Finance, a note in the amount of
(
1
)
the value of the property transferred, excluding the value of sums receivable and payable, less
(
2
)
the value of the property contemplated in section 28 and the value of the fully-paid shares of the Société on the date of the transfer for which the Government ordered payment in property.
The amount of the note and the value of the shares mentioned in subparagraph 2 of the first paragraph decrease the net debt of the Government, as defined in the public accounts prepared under the Financial Administration Act (
chapter A-6
).
The note is payable on demand to the Minister of Finance, including by the delivery of shares of the Société or by setting off against any sum the Government may owe to the Société, and includes any other terms and conditions determined by the Government.
1983, c. 40, s. 29
;
1999, c. 40, s. 295
.
30
.
The Société may register a statement including the description, in accordance with Chapter I of Title Four of Book Nine of the Civil Code, of any immovable of which the Société has become the owner under the first or second paragraph of section 26, and the registrar is bound to register the statement.
1983, c. 40, s. 30
;
1999, c. 40, s. 295
;
2000, c. 42, s. 223
.
§
3
. —
Financing
31
.
The shares of the Société are fully paid if, by order of the Government,
(
1
)
the Minister of Finance pays to the Société, out of the Consolidated Revenue Fund, the amount of $100,000,000 for 100,000 shares of its capital stock, or if
(
2
)
the property the ownership of which is transferred in accordance with section 26 of this Act is allocated to full payment for the shares of the Société.
However, the Government may order that the consideration will be paid, to the extent it indicates, both in cash and in property.
The payment in cash contemplated in this section may be made in one or several instalments, the amount and the terms and conditions of which are determined by the Government.
The Société shall issue share certificates to the Minister of Finance in return for payments made in accordance with this section, as when they are made, where such is the case.
1983, c. 40, s. 31
;
1999, c. 40, s. 295
.
32
.
The Government may, on the conditions and modalities it determines,
(
1
)
guarantee the payment in principal and interest of any loan made to the Société;
(
2
)
guarantee the execution of any other obligation of the Société;
(
3
)
authorize the Minister of Finance to advance to the Société any amount considered necessary for the pursuit of its objects.
Amounts required for the carrying out of this section are taken out of the Consolidated Revenue Fund.
1983, c. 40, s. 32
;
1999, c. 40, s. 295
.
33
.
In no case may the Société, without the authorization of the Government,
(
1
)
contract a loan that increases the aggregate of its outstanding loans to more than the amount determined by the Government;
(
2
)
enter into a contract for a term and an amount exceeding those determined by the Government;
(
3
)
acquire or hold over 50% of the shares of a legal person or a sufficient percentage of them to elect the majority of the directors of that legal person;
(
4
)
acquire, lease or otherwise alienate an immovable for an amount exceeding the amount determined by the Government.
The order of the Government regarding any matter contemplated in subparagraph 2 or 3 of the first paragraph must be tabled, within 15 days after it is made, in the National Assembly if it is in session or, if it is not sitting, within 15 days of the opening of the next session or resumption.
1983, c. 40, s. 33
;
1999, c. 40, s. 295
.
DIVISION
IV
SPECIAL POWERS AND DUTIES AND CONDITIONS OF EXERCISE
34
.
The Government may, by regulation,
(
1
)
fix rules respecting public tenders, the awarding of contracts and the other conditions necessary for the carrying out of the objects and mandates of the Société;
(
2
)
determine to what extent and on what conditions the Société is subject to the Act respecting the Service des achats du gouvernement (chapter S-4), to the use of the master file on suppliers and to the purchasing policy of the Government.
Regulations made under this section come into force ten days after their publication in the
Gazette officielle du Québec
or on any later date determined therein.
1983, c. 40, s. 34
;
1999, c. 40, s. 295
.
35
.
The Société is required to deposit in the deposit office contemplated in the Deposit Act (
chapter D-5
) an amount equal to the amount of money paid annually by the Government to municipalities to stand in lieu of
(
1
)
the municipal real estate taxes in respect of an immovable owned by the Société;
(
2
)
the business taxes in respect of a business establishment in which the Société carries on its activities in an immovable owned by the Société;
(
3
)
taxes other than real estate taxes, compensations and tariffs imposed by a municipality on the Société as the owner of an immovable.
The sums shall be paid by the Minister of Finance to municipalities at the request of the person designated pursuant to paragraph 2 of section 262 of the Act respecting municipal taxation (
chapter F-2.1
) and in the manner indicated by the person.
The sums paid by the Minister of Finance stand in lieu of the sums paid by the Government pursuant to sections 254 and 257 of the Act respecting municipal taxation for the immovables and business establishments owned by the Société.
1983, c. 40, s. 35
;
1984, c. 47, s. 202
;
1991, c. 32, s. 259
;
1996, c. 2, s. 924
;
1999, c. 40, s. 295
.
36
.
From 1 July 1984, the Société shall pay to every school board an amount of money to stand in lieu of the school taxes in respect of an immovable owned by the Société. The amount paid is equal to the aggregate of the school taxes that would be exigible if the immovable were not exempt from school taxes.
1983, c. 40, s. 36
;
1988, c. 84, s. 681
;
1999, c. 40, s. 295
.
37
.
Dividends paid by the Société are fixed by the Government and not by the directors.
1983, c. 40, s. 37
;
1999, c. 40, s. 295
.
38
.
The Minister responsible for the administration of this Act may, within the scope of the responsibilities and powers conferred on him, issue directives to the Société on the objectives and orientation of the Société in the discharge of its duties under the Act; these directives require prior approval by the Government.
The Government, also, may issue directives to the Société on any aspect of any project for the construction or lease of an immovable where it considers it warranted by the nature of the project or the development of the area concerned.
Directives issued under this section bind the Société.
Every directive issued under this section must be tabled, within 15 days of its approval or adoption, as the case may be, in the National Assembly if it is in session or, if it is not sitting, within 15 days of the opening of the next session or resumption.
Third persons are not bound to see to the carrying out of this section, nor may it be invoked by or against them.
1983, c. 40, s. 38
;
1999, c. 40, s. 295
.
39
.
Sections 129, 130, 142, 159 to 162, 179 and 189 to 196 of the Companies Act (
chapter C-38
) do not apply to the Société.
1983, c. 40, s. 39
;
1999, c. 40, s. 295
.
DIVISION
V
ACCOUNTS AND REPORTS
40
.
The fiscal period of the Société ends on 31 March each year.
1983, c. 40, s. 40
;
1999, c. 40, s. 295
.
41
.
Not later than 31 July each year, the Société shall forward to the Minister its financial statements and a report of its activities for the previous fiscal period.
The financial statements and the report of activities must include all the information required by the Minister.
1983, c. 40, s. 41
;
1999, c. 40, s. 295
.
42
.
The Minister shall table the report of activities and the financial statements of the Société in the National Assembly within 15 days of receiving them, if it is in session, or, if it is not sitting, within 15 days of the opening of the next session or resumption.
1983, c. 40, s. 42
;
1999, c. 40, s. 295
.
43
.
The books and accounts of the Société are audited annually, and every time the Government orders them audited, by the Auditor General or, with the approval of the Government, by an auditor designated by the Société. The auditor’s report must accompany the report of activities and the financial statements of the Société.
1983, c. 40, s. 43
;
1999, c. 40, s. 295
.
44
.
Before the beginning of each fiscal period, the Société shall prepare an operating budget and a capital budget and submit them to the Government for approval.
The Government shall determine the form, tenor and timetables of the budgets.
1983, c. 40, s. 44
;
1999, c. 40, s. 295
.
45
.
The Société shall give to the Minister responsible for the administration of this Act any information he may require on its activities.
1983, c. 40, s. 45
;
1999, c. 40, s. 295
.
DIVISION
VI
MISCELLANEOUS AND TRANSITIONAL PROVISIONS
46
.
Any person in the employ of the Société may apply for a transfer to a position in the public service or enter a competition for promotion in accordance with the Public Service Act (
chapter F-3.1.1
), if on 30 September 1984, he was a civil servant with permanent tenure of the Ministère des Travaux publics et de l’Approvisionnement and if his appointment to the Société occurred before 1 October 1984.
This section also applies to any civil servant with permanent tenure of the Ministère des Finances or the Ministère de la Justice who was in service at the Ministère des Travaux publics et de l’Approvisionnement on 25 September 1984 and who is in the employ of the Société.
1983, c. 40, s. 46
;
1983, c. 55, s. 161
;
1999, c. 40, s. 295
.
47
.
Section 35 of the Public Service Act (
chapter F-3.1.1
) applies to any employee contemplated in section 46 who enters a competition for promotion to a position in the public service.
1983, c. 40, s. 47
;
1983, c. 55, s. 161
.
48
.
Where an employee contemplated in section 46 applies for a transfer or a competition for promotion, he may require the chairman of the Conseil du trésor to give him an opinion on the classification he would have in the public service. The opinion must take into account the classification that the employee had in the public service on the date of his termination of employment and the experience and years of formal training he has acquired since he has been in the employ of the Société.
Where an employee is transferred pursuant to section 46, the deputy minister or chief executive officer shall establish his classification in accordance with the opinion contemplated in the first paragraph.
Where an employee is promoted pursuant to section 46, his classification must take account of the criteria provided in the first paragraph.
1983, c. 40, s. 48
;
1983, c. 55, s. 161
;
1996, c. 35, s. 19
;
1999, c. 40, s. 295
.
49
.
Where all or some of the activities of the Société cease or in case of a lack of work, the employee contemplated in section 46 is entitled to be placed on reserve in the public service with the classification he had before the date of his termination of employment.
In the case of this section, the chairman of the Conseil du trésor shall, where applicable, assign the employee a classification that takes account of the criteria provided in the first paragraph of section 48.
1983, c. 40, s. 49
;
1983, c. 55, s. 161
;
1996, c. 35, s. 19
;
1999, c. 40, s. 295
.
50
.
A person placed on reserve pursuant to section 49 remains in the Société until the chairman of the Conseil du trésor is able to place him.
1983, c. 40, s. 50
;
1983, c. 55, s. 161
;
1996, c. 35, s. 19
;
1999, c. 40, s. 295
.
51
.
Subject to any rights of action which may exist under a collective agreement, an employee contemplated in section 46 who is removed or dismissed may appeal therefrom in accordance with section 33 of the Public Service Act (
chapter F-3.1.1
).
1983, c. 40, s. 51
;
1983, c. 55, s. 161
.
52
.
The associations of employees certified in accordance with Chapter IV of the Public Service Act (
chapter F-3.1.1
) which represent groups of employees at the Ministère des Travaux publics et de l’Approvisionnement on 30 September 1984 continue to represent those employees at the Société immobilière du Québec until 31 December 1985.
The associations of employees also represent, according to the groups contemplated, the future employees of the Société until 31 December 1985.
The following collective agreements apply to the employees of the Société so far as they are applicable:
(
1
)
the collective agreements filed in the office of the labour commissioner-general in accordance with the Act respecting the conditions of employment in the public sector (1982, chapter 45);
(
2
)
the collective agreement signed on 21 April 1978 between the Syndicat des agents de la paix de la fonction publique and the Gouvernement du Québec;
(
3
)
every collective agreement between the Gouvernement du Québec and the Syndicat des constables spéciaux du gouvernement du Québec signed after 21 December 1983 for which the expiration date is 31 December 1985.
Notwithstanding the foregoing, in no case may the provisions of the described collective agreements that regard security of employment apply to employees contemplated in the second paragraph.
The regulations mentioned in Schedule I apply to employees of the Société who were contemplated in those regulations before being transferred, so far as the provisions of the collective agreements to which they refer are applicable.
1983, c. 40, s. 52
;
1983, c. 55, s. 161
;
1999, c. 40, s. 295
.
53
.
The Government may authorize the Minister of Finance to advance to the Société, out of the Consolidated Revenue Fund, any amount necessary for the payment of the salaries, remuneration and indemnities of the employees of the Société, for the period and on the other conditions the Government determines.
Amounts advanced under this section may be deducted, to the extent ordered by the Government, from the amounts it may owe to the Société.
1983, c. 40, s. 53
;
1999, c. 40, s. 295
.
54
.
The transfers provided for in section 26 and the transfers of rights provided for in this Act have effect notwithstanding the non-fulfilment, at the time of those transfers, of an obligation or a condition provided in an Act or contract.
No proceedings may be brought against the Government, the Société or any of their members, employees or officers solely by reason of a transfer or the non-fulfilment of an obligation or condition described in the first paragraph.
1983, c. 40, s. 54
;
1999, c. 40, s. 295
.
55
.
The Act respecting duties on transfers of immovables (
chapter D-15.1
) does not apply to transfers provided in section 26.
1983, c. 40, s. 55
;
1991, c. 32, s. 260
.
56
.
The Société and the Government are solidarily liable for the obligations arising from leases to which the Government is a party as a lessee, and which are in effect on the date determined in accordance with section 26.
However, the subletting of the premises rented by the Government under such a lease is not subject to articles 1870 to 1872 of the Civil Code and the lessor shall impose no condition, restriction, obligation or additional or preliminary procedure with respect to the subletting on the Société.
1983, c. 40, s. 56
;
1999, c. 40, s. 295
.
57
.
The rights and obligations arising from the deeds signed in accordance with the Act respecting the Ministère des Travaux publics et de l’Approvisionnement (
chapter M-29
) are transferred to the Société, subject to provisions inconsistent with this Act and unless the Government decides otherwise.
1983, c. 40, s. 57
;
1999, c. 40, s. 295
.
58
.
The records and other documents of the Ministère des Travaux publics et de l’Approvisionnement become the records and documents of the Société, except where the Government decides otherwise.
1983, c. 40, s. 58
;
1999, c. 40, s. 295
.
59
.
Pending cases in the Ministère des Travaux publics et de l’Approvisionnement are continued and decided by the Société, except where the Government decides otherwise.
1983, c. 40, s. 59
;
1999, c. 40, s. 295
.
60
.
Proceedings to which the Minister or Deputy Minister of Public Works and Supply is a party are transferred, without continuance of suit, to the president of the Société according to the attributions conferred on him by law or, if the Government decides otherwise, to any other person it designates.
1983, c. 40, s. 60
;
1999, c. 40, s. 295
.
61
.
The corporation may, on the conditions and modalities determined by the Government, occupy the premises and use the property used by the Ministère des Travaux publics et de l’Approvisionnement until it is in a position to replace them, if required.
1983, c. 40, s. 61
.
62
.
The Government may amend any regulation made or approved by it to replace or strike out the expression “Ministère des Travaux publics et de l’Approvisionnement” and any other expression, in order to ensure concordance between those regulations and the purposes of this Act.
Any regulation made under this section may, once it is published and if it so provides, apply from 1 October 1984.
1983, c. 40, s. 62
.
63
.
In every order in council, order, contract, proclamation, agreement or other document, the expressions “Ministère des Travaux publics et de l’Approvisionnement” and “Minister of Public Works and Supply”, as well as the word “department” and the word “Minister”, where they denote the said department or Minister, designate, where the context permits it, the Société immobilière du Québec, the president of the Société, the Société or the president or, if the Government decides otherwise, any other person it may designate.
1983, c. 40, s. 63
;
1999, c. 40, s. 295
.
64
.
The Société immobilière du Québec is substituted for the Société de développement immobilier du Québec and, as such, it assumes the powers and obligations of the Société de développement immobilier du Québec, and acquires its rights.
1983, c. 40, s. 64
;
1999, c. 40, s. 295
.
65
.
In any regulation, by-law, order in council, order, contract, agreement or other document, the expression “Société de développement immobilier du Québec” is replaced, if the context permits it, by the expression “Société immobilière du Québec” or by the word “Société”.
1983, c. 40, s. 65
;
1999, c. 40, s. 295
.
66
.
The sums necessary for the carrying out of this Act are taken out of the Consolidated Revenue Fund for the fiscal periods 1983-84 and 1984-85, to such extent as may be determined by the Government.
1983, c. 40, s. 66
.
67
.
(Amendment integrated into c. C-13, s. 16).
1983, c. 40, s. 67
.
68
.
(Amendment integrated into c. C-14, ss. 80, 81, 88, 173).
1983, c. 40, s. 68
.
69
.
(Amendment integrated into c. C-45, s. 9).
1983, c. 40, s. 69
.
70
.
(Amendment integrated into c. E-18, s. 4).
1983, c. 40, s. 70
.
71
.
(Amendment integrated into c. E-20.1, s. 7).
1983, c. 40, s. 71
.
72
.
(Amendment integrated into c. F-2.1, s. 204).
1983, c. 40, s. 72
.
73
.
(Amendment integrated into c. F-2.1, s. 255).
1983, c. 40, s. 73
.
74
.
(Amendment integrated into c. F-2.1, s. 257).
1983, c. 40, s. 74
.
75
.
(Amendment integrated into c. M-28, s. 3).
1983, c. 40, s. 75
.
76
.
(Amendment integrated into c. M-28, ss. 11, 11.1-11.5).
1983, c. 40, s. 76
.
77
.
(Omitted).
1983, c. 40, s. 77
.
78
.
(Amendment integrated into c. M-34, s. 1).
1983, c. 40, s. 78
.
79
.
(Amendment integrated into c. P-7, s. 1).
1983, c. 40, s. 79
.
80
.
(Amendment integrated into c. P-8, s. 1).
1983, c. 40, s. 80
.
81
.
(Amendment integrated into c. P-8, s. 3).
1983, c. 40, s. 81
.
82
.
(Amendment integrated into c. P-8, s. 5).
1983, c. 40, s. 82
.
83
.
(Amendment integrated into c. R-7, s. 16.1).
1983, c. 40, s. 83
.
84
.
(Amendment integrated into c. R-12, s. 55).
1983, c. 40, s. 84
.
85
.
(Amendment integrated into c. S-4, s. 1).
1983, c. 40, s. 85
.
86
.
(Amendment integrated into c. S-4, s. 3).
1983, c. 40, s. 86
.
87
.
(Amendment integrated into c. S-4, s. 5).
1983, c. 40, s. 87
.
88
.
(Omitted).
1983, c. 40, s. 88
.
89
.
(Amendment integrated into c. S-14.1, s. 18).
1983, c. 40, s. 89
.
90
.
(Amendment integrated into c. S-14.1, s. 19).
1983, c. 40, s. 90
.
91
.
(Amendment integrated into c. T-15, s. 1).
1983, c. 40, s. 91
.
92
.
(Omitted).
1983, c. 40, s. 92
.
93
.
(Amendment integrated into c. T-15, s. 55.1).
1983, c. 40, s. 93
.
94
.
The Minister of Transport is substituted without other formality for the Minister of Public Works and Supply in any matter commenced under sections 11 and 14 of the Public Works Act (
chapter T-15
), and shall continue any proceedings to which the Minister or Deputy Minister of Public Works and Supply is a party, without continuance of suit.
1983, c. 40, s. 94
.
95
.
(Repealed).
1983, c. 40, s. 95
;
1991, c. 32, s. 261
.
96
.
The Government shall designate the Minister responsible for the carrying out of this Act.
1983, c. 40, s. 96
.
The Minister responsible for Government Administration and Chair of the Conseil du trésor is responsible for the carrying out of this Act. Order in Council 884-2012 dated 20 September 2012, (2012) 144 G.O. 2 (French), 4875.
97
.
(This section ceased to have effect on 15 February 1989).
1983, c. 40, s. 97
;
U. K., 1982, c. 11, Sch. B, Part I, s. 33
.
98
.
(Omitted).
1983, c. 40, s. 98
.
SCHEDULE I
(
Section 52
)
1. The “Regulation respecting the conditions of employment of office staff, technicians and staff of comparable rank, certain employees at the official residence of the Lieutenant-Governor, minister’s chauffeurs and workmen” made on 13 April 1982 by ministerial order 188-82 approved by C.T. 138835 of 27 April 1982, amended on 2 December 1982 by ministerial order 263-82 approved by C.T. 142047 of 7 December 1982, amended on 17 December 1982 by ministerial order 269-82 approved by C.T. 142284 of 20 December 1982 and amended on 10 May 1983 by ministerial order 292-83 approved by C.T. 144821 of 7 June 1983.
2. The “Regulation respecting the conditions of employment of professional staff”, made on 12 January 1982 by ministerial order 187-82 approved by C.T. 137510 of 16 February 1982, amended on 29 March 1982 by ministerial order 215-82 approved by C.T. 139121 of 11 May 1982, amended on 2 December 1982 by ministerial order 261-82 approved by C.T. 142045 of 7 December 1982, amended on 17 December 1982 by ministerial order 268-82 approved by C.T. 142283 of 20 December 1982, and amended on 10 May 1983 by ministerial order 294-83 approved by C.T. 144823 of 7 June 1983.
3. The “Regulation respecting the remuneration, social benefits and other conditions of employment of certain civil servants” (R.R.Q., 1981, chapter F-3.1, r. 19), amended on 2 December 1982 by ministerial order 262-82 approved by C.T. 142046 of 7 December 1982, amended on 28 February 1983 by ministerial order 279-83 approved by C.T. 143074 of 1 March 1983 and amended on 10 May 1983 by ministerial order 295-83 approved by C.T. 144824 of 7 June 1983.
1983, c. 40, Schedule I
.
REPEAL SCHEDULES
In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 40 of the statutes of 1983, in force on 1 July 1984, is repealed, except section 98, effective from the coming into force of chapter S-17.1 of the Revised Statutes.
In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 19 to 21, 46 to 52, 62 to 65, 69 to 71, 77, 78, 83, 88 to 90 and 92 of chapter 40 of the statutes of 1983, in force on 1 March 1985, are repealed effective from the coming into force of the updating to 1 March 1985 of chapter S-17.1 of the Revised Statutes.
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